HOUSE BILL 392

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Tara L. Lujan and Elizabeth "Liz" Stefanics and Andrea Romero and Jeff Steinborn and Patricia Roybal Caballero

 

 

 

 

AN ACT

RELATING TO THE ENVIRONMENT; ENACTING THE SINGLE-USE PLASTIC BAG ACT; PROHIBITING RETAIL ESTABLISHMENTS FROM MAKING OR DELIVERING GOODS USING SINGLE-USE PLASTIC BAGS; CREATING EXCEPTIONS; PROVIDING PENALTIES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 74 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Single-Use Plastic Bag Act"."

     SECTION 2. A new section of Chapter 74 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DEFINITIONS.--As used in the Single-Use Plastic Bag Act:

          A. "carryout bag" means a bag that is furnished to a customer at a retail establishment at the point of sale for use by the customer to transport or carry purchased items;

          B. "department" means the department of environment;

          C. "plastic" means a synthetic material made from linking monomers through a chemical reaction to create a polymer chain that can be molded or extruded at high heat into various solid forms, including material derived from petroleum or a biologically based polymer such as corn or other plant sources;

          D. "recyclable cardboard box" means a box made of non-coated cardboard, corrugated paper or paper;

          E. "recycled content carryout bag" means a carryout bag that contains a minimum of forty percent post-consumer recycled content and is one hundred percent recyclable;

          F. "retail establishment" means a retail business that sells merchandise or dry goods to consumers or is a goods or service delivery provider;

          G. "reusable carryout bag" means a carryout bag that is designed and manufactured for multiple uses, is made of cloth or fiber or is a polypropylene or recycled-content polyethylene terephthalate bag; and

          H. "single-use plastic bag" means a carryout bag made from plastic that is provided to a customer at a point of sale for the purpose of transporting groceries, food or other goods that is made predominantly of plastic derived from natural gas, petroleum or a biologically based source, such as corn or other plant sources, and is not specifically designed for or manufactured for multiple uses."

     SECTION 3. A new section of Chapter 74 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] PROHIBITIONS ON THE USE OF SINGLE-USE PLASTIC BAGS--EXCEPTIONS.--

          A. A retail establishment shall not provide a single-use plastic bag or other bag or box that is not a reusable carryout bag, recycled content carryout bag, recyclable cardboard box or recycled corrugated paper box to carry groceries, food or other goods from the point of sale in a retail establishment.

          B. This section does not apply to single-use plastic bags:

                (1) provided to customers for use with loose or bulk products, produce, meat or fish or when provided for separating items to avoid contamination or prevent damage from moisture or for sanitary, public health or environmental protection purposes;

                (2) provided for prepared takeout food with a potential for leakage, as determined by the retail establishment, that is not intended for consumption on the retail establishment's premises;

                (3) provided by pharmacists or veterinarians to contain prescription drugs or medical necessities;

                (4) provided by laundries or dry cleaning establishments;

                (5) used to transport or contain live animals;

                (6) used to transport chemical pesticides or drain-cleaning or other toxic chemicals sold at retail establishments;

                (7) used to protect newspapers from inclement weather;

                (8) distributed by manufacturers for packaging or preparing goods for display prior to sale; or

                (9) that are similar to those exempted by this subsection, as determined by the department."

     SECTION 4. A new section of Chapter 74 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DEPARTMENT RULES.--No later than December 31, 2025, the department shall promulgate rules for the implementation of the provisions of the Single-Use Plastic Bag Act."

     SECTION 5. A new section of Chapter 74 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] PAPER CARRYOUT BAGS ALLOWED--FEE--DISPOSITION OF MONEY.--

          A. A retail establishment may provide a customer with one or more paper carryout bags at the point of sale only if the customer pays a carryout bag fee of not less than ten cents ($.10) per paper carryout bag or a higher fee if a municipality or county in which the retail establishment is located raises the fee by ordinance, except that retail establishments shall not collect the fee from a person with a voucher or electronic benefits card issued under the women, infants and children program, the emergency food assistance program, the temporary assistance for needy families program or the federal supplemental nutrition assistance program.

          B. Retail establishments shall indicate on the customer transaction receipt the number of paper carryout bags provided.

          C. Retail establishments shall not refund the customer any portion of the fee, either directly or indirectly, or advertise or otherwise convey to customers that a portion of the fee will be refunded.

          D. Seven cents ($.07) of the fee collected by a retail establishment shall be transmitted to the municipality in which the retail establishment is located, or if not located in a municipality, the county in which the retail establishment is located, for use in outreach efforts for education on waste and litter reduction, except that if the municipality or county in which the retail establishment is located implements a higher fee pursuant to Subsection A of this section, the amount retained by the retail establishment shall not exceed three cents ($.03) per bag.

          E. A retail establishment shall, on a quarterly basis starting January 1, 2026, remit from the total amount of carryout bag fees collected in the previous quarter the amount that is owed to the municipality or county to the finance department or division or equivalent agency of the local government entity within which the retail establishment is located. A retail establishment need not remit carryout bag fees collected in any quarter in which the collected fees total less than twenty dollars ($20.00). The retail establishment shall retain those collected fees until the retail establishment has more than twenty dollars ($20.00) of collected fees to remit and shall remit those fees as part of the next quarterly remittance."

     SECTION 6. A new section of Chapter 74 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] ENFORCEMENT--COMPLIANCE ORDERS--PENALTIES.--

          A. Except as provided in Section 7 of the Single-Use Plastic Bag Act, a local government may enforce a violation of the Single-Use Plastic Bag Act against a retail establishment that is located within the boundaries of the local government in the manner that the local government chooses.

          B. A county or municipality that chooses to enforce a violation of the Single-Use Plastic Bag Act against a retail establishment may seek injunctive relief against the retail establishment or may assess civil penalties, or both. The county or municipality may assess penalties of up to:

                (1) five hundred dollars ($500) for a second violation; or

                (2) one thousand dollars ($1,000) for a third or subsequent violation.

          C. A local government may enforce but shall not assess a civil penalty for the first violation of the Single-Use Plastic Bag Act.

          D. The department may enforce a violation of the Single-Use Plastic Bag Act against the owner or operator of a retail establishment if the local government fails to do so.

          E. For the purposes of this section, each retail sales transaction in which a violation of the Single-Use Plastic Bag Act is committed, regardless of whether multiple violations of that act are committed in one retail sales transaction, constitutes a single violation of this section."

     SECTION 7. A new section of Chapter 74 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] LOCAL GOVERNMENT REGULATION--PREEMPTION.--

          A. Beginning January 1, 2026, a local government may enact, implement or enforce any ordinance that is as stringent as or more stringent than the Single-Use Plastic Bag Act.

          B. Beginning January 1, 2026, the department may enforce the Single-Use Plastic Bag Act. Civil penalties collected by the department shall be deposited in the recycling and illegal dumping fund."

     SECTION 8. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2026.

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